HomeMy WebLinkAbout97-0502 Lift Station KCTCU 9�- ossa
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this .:1 ,,.,(qday of
'lit, , 1997 by and between the CITY OF ELGIN, a municipal
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corporation, organized and existing under the laws of the State
of Illinois ( "Licensor" ) and KANE COUNTY TEACHERS CREDIT UNION,
an Illinois state chartered credit union ( "Licensee" ) ;
WITNESSET H:
WHEREAS, Licensee is the owner of the following
described parcel of real estate ( "Benefitted Parcel" )
That part of Lot 2 in Block 3 lying Southerly of the
following described line : Beginning at a point in the
East line of said Lot 2, 76 feet Southerly of the
Northeast corner of said lot, as measured along the
East line of said lot; thence Southwesterly parallel
with the North line of said lot, 272 . 5 feet to a point;
thence Southwesterly to a point in the West line of
said lot, 106 feet Southerly of the Northwest corner of
said lot as measured along the West line of said lot;
and also Lot 3 in Block 3 (except that part taken or
used for U. S . 20 Bypass and as described to the people
of the State of Illinois by Document Number 567849 and
recorded November 7, 1946 , and also except that part of
said Lot 3 lying Southerly of Weld Road) , all in Walter
G. McIntosh and Company' s Fox River Acres, in the City
of Elgin, Kane County, Illinois .
WHEREAS, Licensor is the owner of certain public right-
of-way commonly known as (a) Hawthorne Street, running east and
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west along the north boundary of the Benefitted Parcel and
extending east thereof to the west right-of-way line of South
Airlite Street, and (b) South Airlite Street, running north and
south from the east terminus of the aforesaid Hawthorne Street to
the south right-of-way line of Larkin Avenue; and
WHEREAS, the License Parcel is depicted on Exhibit A
attached hereto and made a part hereof; and
WHEREAS, Licensee desires to erect a sanitary sewer
force main ( "Improvement" ) on a portion of the License Parcel,
all in accordance with Exhibit A.
NOW, THEREFORE, the parties agree as follows :
1 . The Licensor hereby grants unto Licensee the right
to erect the Improvement within the License Parcel as set forth
in Exhibit A.
2 . In consideration for this Agreement, Licensee
agrees to pay to Licensor a fee of Ten and 00/100 Dollars
($10 . 00) , due and payable when this Agreement is executed.
3 . This Agreement and the license granted herein are
perpetual and shall not be terminable except with the written
consent of Licensee, which consent shall not be withheld once the
Improvement no longer provides sanitary sewer service to the
Benefitted Parcel .
4 . Licensee agrees to install the Improvement only
with the specific written authorization of the City' s Public
Works Director and at such site and manner as is designated by
the Public Works Director. The written authorization for the
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installation of the Improvements shall be granted if in
accordance with Exhibit A, or any revised version thereof
approved by the City Engineer of the City of Elgin.
5 . Licensee agrees that the Improvement shall be
installed and maintained at all times in accordance with
generally accepted standards for the installation and maintenance
of public sanitary sewer mains in the City of Elgin and in
accordance with all requirements of the Elgin Municipal Code,
1976, as amended. Licensor shall be the sole judge of the
quality of the construction and maintenance, and upon written
notice by Licensor, through its Public Works Director, stating in
general terms how and in what manner maintenance is required,
Licensee shall be required to perform such required maintenance.
If Licensee fails to do so, then Licensor shall have the right to
perform the required maintenance, the cost of which shall be
borne by Licensee . Licensee shall at its own responsibility and
expense obtain and keep in effect all licenses, bonds and permits
necessary for the installation and existence of the Improvement .
6 . Upon termination of this Agreement, Licensee
agrees to immediately remove the Improvement from the License
Parcel and to restore the site to its original condition. If
Licensee fails to exercise its duties under this paragraph,
Licensor shall have the right to remove the Improvement and
restore the License Parcel at no cost or liability to Licensor.
Licensee covenants and agrees to reimburse Licensor for such
removal and/or restoration.
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7 . Licensor shall in no way be responsible for loss
of, or damage to, the Improvement or for any property belonging
to or rented by Licensee, its officers, servants, agents, or
employees which may be stolen, destroyed, or in any way damaged
during the erection or maintenance of the Improvement, and
Licensee hereby indemnifies and holds harmless Licensor, its
officers, agents, servants, and employees from and against any
and all such claims .
8 . Licensee agrees to and does hereby, indemnify,
hold harmless, and defend Licensor, its officers, agents,
servants, for any property loss or damage and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in
connection with the existence, maintenance, use, or location of
the Improvement , and Licensee hereby assumes all liability and
responsibility of Licensor, its officers, agents, servants and
employees for such suits or claims . Licensee shall likewise
indemnify and hold harmless Licensor for any and all injury or
damage to the License Parcel , whether arising out of or in
connection with any and all acts or omissions of Licensee, its
officers, agents, employees, contractors, licensees, invitees, or
trespassers .
9 . Licensee covenants and agrees to furnish Licensor
with a certificate of insurance naming Licensor as additionally
insured for private utility lines on City right-of-way as proof
that it has secured and paid for a policy of public liability
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. .
insurance annually covering all public risks related to the use,
maintenance , existence , or location of the Improvement . The
amounts of such insurance shall be as follows : Comprehensive
General Liability for Bodily Injury, Personal Injury and Property
Damage : $100 , 000 per occurrence : $500 , 000 annual aggregate;
with the understanding of and agreement by Licensee that such
insurance amounts shall be revised upward at Licensor' s option,
and Licensee will so revise such amounts within thirty (30) days
following notice to Licensee of such requirements .
10 . This license, including the benefits and burdens,
shall run with the land and shall be binding upon and inure to
the benefit of all parties having or acquiring any right , title,
or interest in and to any portion of, or interest or estate in,
the Benefitted Parcel and the License Parcel .
11 . Licensee agrees that should any action, whether
real or asserted, at law or in equity, rise out of the terms of
this Agreement, or by Licensee' s operations on the License
Parcel, venue for said action shall lie in Kane County, Illinois .
12 . In any action brought by Licensor for the
enforcement of the obligations of Licensee, Licensor shall be
entitled to recover interest and reasonable attorney' s fees .
13 . Licensee agrees to provide for recordation of this
Agreement at its own expense and to provide proof of such
recordation to Licensor.
14 . IN WITNESS WHEREOF, the parties have caused this
agreement to be executed by the City Manager and City Clerk of
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the City of Elgin and Kane County Teachers Credit Union, by its
President and Secretary.
C TY OE�GIN ,i
By: !VL y 1L'�
C TTY AGER
ATTEST:
fi.//• ; -&-Y1-3,A& (7 CQ---,=-Lz--3----
CITY CLERK
KANE COUNTY TEACHERS CREDIT
UNION
By:
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PRESIDENT
ATTEST:
12/7" //,' .. ,a,
( - S'rRETARY
Instrument Prepared By:
Richard L. Heimberg, Esq.
Brady & Jensen
2425 Royal Blvd.
Elgin, Illinois 60123
(847) 695-2000
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CONTRACTOR TO VERIFY DEPTH OF EXISTING MATER i
MAIN AT CROSSING BEFORE CONSTRUCTION OF i LARK/t4 p
SANITARY SEWER
' LIFT STATION 24 s.Y.RITUMWOUE IIJIIOYAL
SEE SHEET 3 FOR DETAIL ANO R1PLACIMUMT - I
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SOT a 18.00 I{ PAVEMENT REMOVAL I {I I --
INVERT 525 30 (3'-E) I i ANp REPLACEMENT 16 SY - .
INVERT e21$3 le'-S 12 L.P. CURS AMO MUTTER � { •
1 TRlNCH aACKi1LL 26 CY
REMOVAL AND mandicSMIMT - -
530 LF 2'PVC SCH SO FORCE MARI 1
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k� E*,31in9 16" End Section
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SANITARY SERVICE 30" 'sil
BELOW WATER MAIN °`
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PROVIDE GRANULAR TRENCH BACKFILL HYDRANT NO 1 (• VV `
WHERE WATER MAIN WILL BE UNDER WIAUX VALVE Wd �� I Ems'• '
/�/ PROPOSED PAVEMENT AREA (ENTRANCE BURY LINE MAKE CONNECTION '' (/O`
AND EXITS) i ELEV 835 0 '- 575 LF 8`DIWM TO EXISTING 8" STUB -- w
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W/8" x 6" TEE 6.0' MIN COVER
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6" VALVE AND a
VALVE VAULT it { (n
FRAME 826 0 IINV $24.00 '+
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it 100 LF 6' DIWM
1 PROPOSED 4.
1. ALL OPEN CUT TRENCHES REQUIRES A
FINISHpLOOR cc
" 1 CONTROLLED LOW-STRENGTH MATERIAL (CLSM)
— ELEV 829.00 UNDER PAVEMENT PER CITY REQUIREMENTS.
,rI 3 REQUIRED.
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HYDRANT NO 3 2 ALL DUCTILE IRON WATER MAIN IS TO BE PROTECTED
{ I S_ _ _ �+NIAUX VA LVEo AGAINST CORROSION USING POLYETHYLENE WRAPPING
,BURY LINE-7 r
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ELEV 8220 1
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City of Elgin Enginecing Division
MEMORAN D U M
To: Loni Mecum, City Clerk
From: Den Valentine, Engineering Division
Subject: License Agreement
Kane County Teacher's Credit Union
Date: April 25, 1997
1. Accompanying this memorandum is the licensing agreement from Kane County Teachers
Credit Union(KCTCU) to operate a lift station and force main in the public right-of-way. This
agreement follows the standard City format and has been reviewed by Engineering Division for
appropriateness.
The KCTCU has executed both copies of the license. Please have both copies executed
by the City Manager and the City Clerk on Page 6. After execution, please return both copies to me. If
you have any questions, please advise.
c: City Engineer
subaed
Reading
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